During the fourth quarter of 2024, there were several regulatory developments involving federal and California agencies. These updates are summarized in the following sections.
FEDERAL REGULATORY UPDATES
Bureau of Land Management
Record of Decision for the Approved Resource Management Plan
On November 13, 2024, the Bureau of Land Management (BLM) announced the availability of the Record of Decision (ROD) for an updated Resource Management Plan (RMP) for the Redding and Arcata field offices. As the BLM California State Director signed the ROD on September 18, 2024, the RMP is effective immediately and it replaces the 1992 Arcata RMP and 1993 Redding RMP.
The RMP establishes a framework for guiding future management and appropriate utilization of land and resources overseen by the BLM’s Arcata and Redding field offices. The RMP planning area includes Northwest California, which covers approximately 382,200 acres of public land and approximately 295,100 subsurface acres of federal mineral real estate in Butte, Del Norte, Humboldt, Mendocino, Shasta, Siskiyou, Tehama, and Trinity counties. Non-BLM-administered lands within the planning area include the Klamath, Lassen, Mendocino, Plumas, Shasta-Trinity, and Six Rivers national forests; Lassen Volcanic and Redwoods national parks; the Smith River and Whiskeytown national recreation areas; the Sacramento Castle Rock and Humboldt Bay national wildlife refuges; and Black Butte Lake. National Monuments, National Conservation Areas, and similar designations within the planning area are managed through separate management plans.
The RMP describes the future management needs required to meet desired resource conditions based on the preferred alternative for the Proposed RMP with minor modifications. The following changes to the preferred alternative were incorporated into the RMP:
- The Sacramento River Bend Area of Critical Environmental Concern no longer requires the need for BLM Authorized Officer approval for wildfire suppression actions related to life or private property.
- Recent changes in a community wildfire protection plan were incorporated, emphasizing the importance of considering municipal plans during implementation.
The BLM provided the Proposed RMP/Environmental Impact Statement (EIS) for a 30-day public protest and a 60-day Governor’s consistency review starting on June 21, 2024. No changes were made to the Proposed RMP/EIS as a result of the Governor’s consistency review and public protests.
Utility-Scale Solar Energy Development and Western Solar Plan
As previously discussed in our Q1 2024 update, a notice of availability for the Draft Programmatic EIS for Utility-Scale Solar Energy Development was published in the Federal Register on January 19, 2024. The Programmatic EIS proposed the expansion of the BLM’s solar energy planning through the inclusion of five additional states (i.e., Idaho, Montana, Oregon, Washington, and Wyoming) in the Western Solar Plan, with the aim of facilitating the siting of utility-scale solar energy development on BLM-managed land in areas with limited resource conflicts.
On December 20, 2024, the Department of the Interior announced an updated Western Solar Plan to promote efficient and environmentally responsible solar energy development on public lands across 11 western states. The update expands coverage to the aforementioned five additional states, designating 31 million acres of public land for potential utility-scale solar projects. The plan would prioritize areas near transmission lines and previously disturbed lands, while excluding sensitive and culturally significant areas. With a target of developing approximately 700,000 acres by 2045, the plan aims to streamline permitting, lower energy costs, create jobs, and advance clean electricity nationwide. It reflects significant stakeholder input and aims to accelerate clean energy initiatives while maintaining rigorous environmental reviews for individual projects.
United States Fish and Wildlife Service
Federal Endangered Species Act
On December 16, 2024, the United States (U.S.) Fish and Wildlife Service (USFWS) announced its proposal to list the Suckley’s cuckoo bumble bee (Bombus suckleyi) as endangered under the federal Endangered Species Act (FESA). This rare parasitic pollinator, which depends entirely on host bumble bee species for reproduction, is an important indicator species for the health of pollinators and native floral communities. The species has historically inhabited diverse ecosystems across North America, including prairies, grasslands, woodlands, and urban areas. However, Suckley’s cuckoo bumble bees face numerous threats, including declines in their host species, habitat loss, pesticide exposure, and climate change. The last confirmed species sighting in the U.S. was in Oregon in 2016. The public comment period to provide feedback on the proposal to list the species is open from December 17, 2024 through February 18, 2025.
On December 10, 2024, the USFWS announced its proposal to list the Monarch butterfly (Danaus plexippus) as threatened under the FESA. The proposed listing includes species-specific protections and flexibilities to encourage conservation efforts under Section 4(d) of the FESA, which directs the Secretary of the Interior to issue regulations that are necessary or recommended for the protection of threatened species. The eastern migratory Monarch butterfly population has declined by 80 percent since the 1980s, while the western population has declined by over 95 percent since the 1980s, with extinction probabilities for these populations ranging from 56 percent to over 99 percent by 2080. The USFWS attributes these declines to habitat loss, insecticide exposure, and climate change. To support recovery efforts, the USFWS has proposed to designate 4,395 acres as critical habitat for the western migratory population in coastal California. This essential habitat spans multiple California counties and would be protected under federal regulations when associated with federal funding, permits, or approvals. The USFWS is working with Native American tribes, federal and state agencies, non-governmental organizations, and private landowners to monitor populations, improve habitats, and promote conservation. The public comment period to provide feedback on the proposal to list the species is open from December 12, 2024 through March 12, 2025.
National Environmental Policy Act
On November 12, 2024, the U.S. Court of Appeals (Court) for the District of Columbia Circuit invalidated the Council on Environmental Quality’s (CEQ’s) National Environmental Policy Act (NEPA) regulations, ruling that the CEQ has no authority to issue regulations implementing NEPA.
This ruling was based on Marin Audubon Society v. Federal Aviation Administration, where petitioners challenged the approval of an air management plan governing tourist flights over four national parks (i.e., Golden Gate National Recreation Area, Muir Woods National Monument, Point Reyes National Seashore, and San Francisco Maritime National Historical Park) in the San Francisco Bay Area by the Federal Aviation Administration (FAA) and National Park Service (NPS). Under the National Parks Air Tour Management Act of 2000 (Act), the FAA and NPS regulate such tourist flights with the implementation of the California Plan. The Act requires the FAA and NPS to collaborate when creating such plans, which often involve NEPA review. However, when drafting the California Plan, the FAA and NPS determined that it would be categorically excluded from NEPA review, as there was minimal or no additional environmental impact from the California Plan.
The Court ruled that the CEQ’s NEPA regulations, which have been followed in the past, were invalid because Congress has not conferred rulemaking authority on the CEQ, indicating that the CEQ does not have the authority to determine that a project is categorically exempt from NEPA review. While declining to address the specific application of NEPA in this case, the Court raised and resolved a broader constitutional question, finding that the CEQ’s regulatory authority was insufficiently supported by Congressional delegation and had no binding effect on the case. The Court determined that the California Plan must be vacated, and that parties should apply for a stay of the Court’s mandate to maintain their operating status as they conduct a new NEPA review.
The Court’s decision to vacate the California Plan, deeming the CEQ’s regulatory authority invalid and insufficient, has created uncertainty for federal agencies and regulated entities, as there is ambiguity over NEPA compliance in the absence of the CEQ’s binding rules. More specifically, the extent to which the courts will continue to treat CEQ NEPA regulations as binding, and the extent to which federal agencies will continue to follow the CEQ’s regulations, are unclear for NEPA practitioners.
STATE REGULATORY UPDATES
California Department of Fish and Wildlife
California Endangered Species Act
As previously discussed in our Q2 2024 update, the Center for Biological Diversity submitted a petition to the California Fish and Game Commission (CFGC) on March 5, 2024 to list the California populations of the western burrowing owl (Athene cunicularia) as endangered or threatened under the California Endangered Species Act (CESA). The western burrowing owl faces threats including habitat loss caused by urban and suburban development, declines in ground squirrel populations, alterations to agricultural practices, exposure to pesticides, and predation.
Beginning October 25, 2024, the California Department of Fish and Wildlife
(CDFW) has 12 months to complete a status review to guide the CFGC’s final decision, with a public comment period through February 15, 2025. During this review period, the CDFW is seeking input regarding the species’ ecology, genetics, life history, distribution, abundance, habitat, immediacy and severity of threats to its reproduction or survival, effectiveness of current management practices, and recommendations for its future management. The CDFW will then prepare a peer-reviewed report, which will include a recommendation as to whether the western burrowing owl should be listed as threatened or endangered under CESA. The CDFW’s report will be available to the public at least a month prior to the CFGC’s final decision.
Western Joshua Tree Conservation Plan
As previously discussed in our Q1 2024 update, the Western Joshua Tree Conservation Act (WJTCA) was enacted in July 2023 and authorizes the CDFW to issue permits for the incidental take and/or trimming of live western Joshua trees (Yucca brevifolia), in addition to the removal of dead western Joshua trees, under certain circumstances.
Pursuant to the requirements of the WJTCA, the CDFW is required to develop and present a Western Joshua Tree Conservation Plan (Plan) to the CFGC no later than December 31, 2024. On December 12, 2024, the CDFW presented a Draft Plan to the CFGC. The Draft Plan includes an extensive set of management practices to conserve western Joshua trees in California, including the following:
- land conservation and management strategies,
- guidance to minimize direct and indirect impacts to western Joshua trees,
- research and information gathering that will help to inform future conservation efforts,
- tribal co-management objectives, and
- an approach to provide public education and awareness on western Joshua tree conservation issues.
The CFGC must review the Draft Plan and provide a response (i.e., approval or rejection) by June 30, 2025. In addition to the Plan, beginning in 2025, the CDFW is required to submit annual reports assessing the conservation status of the western Joshua tree to the CFGC no later than January 1 of each year.